crimnotes.docx

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School

Carleton University

Department

Law

Course

LAWS 2302

Professor

all

Semester

Winter

Description

CriminalLawMidtermNotesNoteLegendExamplesCasesLegislationDefencesTermsTerms you need to knowTYPES OF OFFENCESGeneralbasic intent offences The defendant does not have to have foreseen any consequence or harm beyond that laid down in the definition of the actus reus Crown prosecutor must prove that the accused committed the prohibited act intentionally and with the necessary knowledge of the material circumstancesExamplesAssault application of force without consent of the victim or a threat where the victim reasonably believes the accused has the present ability to carryout the threatKeep in mindThe Crownhas to prove that the defendant intended to bring about the actus reus of the assaultWilful damage to property infliction of factual damages to the subject propertyKeep in mindthe Crown has to prove the accused intentionally caused the actus reus of the offenceSpecificUlterior Offence where in theory the mens rea goes beyond the actus reus in the sense that the defendant has some ulterior purpose in mind Crown prosecutor must prove an additional element to obtain a conviction Examples murder s235 CCassault with intent to wound s244 CCbreaking and entering with intent to commit an indictable offence s349 1a CCpossessing a weapon for the purpose of committing an offence s88robberyassaulting a person with the to steal from the victim s3481abreaking and entering with the intent to commit an indictable offence s348 1 adischarging a firearm with the intent to wound a person or prevent arrests344 Keep in mindThe concept of specific or ulterior intent Roach and Stuart try to clarify Simon Verdun Jones argue that the concept is primarily relevant to the concept of the defence ofintoxication Intoxication may be a partial defence to a criminal code offence requiring proof of specific or ulterior intent Under S 331 CC intoxication can never be a defence to a general or basic intent offence if it involves an element of an assault or any other interferenceor threat of interference by a person with the bodily integrity of another person